General Instruction For Court Forms (Page 7 of 8) in pdf

AGREEMENT OF INDEMNITY-PLEASE READ CAREFULLY

MUST EXECUTE AND FAX BACK PRIOR TO ISSUANCE

In consideration of the execution by The Bar Plan Surety and Fidelity Company or The Bar

Plan Mutual Insurance Company, St. Louis, Missouri (whichever issues or continues said

bond being hereinafter called “Company”), of the bond herein applied for, I hereby agree:

If a claim or demand for performance of any obligation under any Bond is made

against Surety, the undersigned shall immediately upon demand deposit with

Surety, United States legal currency or cashier’s check, as collateral security, in an

amount equal to the reserves posted by Surety with respect to such claim(s) or

potential claim(s) plus any expense or attorneys' fees. Specific performance of this

paragraph shall be a remedy available to Surety.

To pay to the Company the premium for the bond in accordance with the rates filed by

the Company in the State where the bond shall be filed and further agree to pay annually

in advance thereafter the annual rene wal charges which are due a nd to continue to pay

such renewal premium charges which shall be due until satisfactory evidence of the

release of the Company from all liability under the bond shall have been furnished to the

Company, it being u nderstood the u sual evidence required i s a release from the court

signed by the presiding judge specifically releasing the surety from further liability.

To indemnify the Company against all loss, liability, costs, damages, attorney’s fees and

expenses whatever, whi ch the Company may sustain or incur by reason or i n

consequence of having executed said bond and in enforcing any of the agree ments

herein contained.

The Company shall have t he right, and is hereby authorized but not required, to adjust,

settle, or compromise any claim, dem and, suit, o r judgment upon said bond unless the

undersigned shall request the Company to litigate such claim or demand or defend such

suit or to appeal from such judgment, and if the u ndersigned makes such request the

undersigned shall deposit with the Co mpany collateral satisfactory to the Company in

kind and amount.

This Agreement is an in strument executed under seal and will be governed by and

construed in accordance with the laws of the State of Missouri. The Company shall have

the right to in stitute any a ction for collection of any a mounts due under this Agreement

against Undersigned in the Circuit Court of St. Louis Cou nty, Missouri. The Company

shall have the right to give notice or to serve process on the Undersigned for the purpose

of pursuing a ny and all re medies against Undersigned in said court. The Undersigned

explicitly consents to the jurisdiction and venue of said court. The Undersigned agrees to

accept personal service of process with respect to any legal acti on filed to co llect any

amounts due under this Agreement.

The Company shall have t he absolute right to procure its release from said bond under

any law for the release of sureties, and the Company is hereby released of and from any

damages that may be sustained by me by reason of such release.

At any time, and until such time a

s the liability of the Comp any is termi nated, the

Company shall have the right to reasonable access to the books, records, and accounts

of the applicant and estate and any bank depository, or other person, firm, or corporation

is hereby authorized to furnish the Company any information requested.

The above agreements shall bind me

and my heirs, exe cutors, administrators,

successors and assigns, jointly and severally.

Applicant(s) hereby expressly authorize The Bar Plan Mutual Insurance Company or The

Bar Plan Surety and Fi delity Company to access his/her/its credit records and to ma ke

such pertinent inquiries as may be n ecessary from t hird party sources for th e following

purposes: (a) to verify information supplied to Comp any; (b) for u nderwriting purposes;

and (c) upon receipt of a notice of claim or potential claim, for debt collection.

FA004 – Application for Court Bonds Other than Probate – 4/2012

General Instruction For Court Forms Page 7

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